Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices 19491 

Implementation Plan (SIP) and Title V 

permit modification procedure in 

accordance with state of South Dakota’s 

rule, 

5. Permit fails to require sufficient 

periodic opacity monitoring, 

6. Permit fails to require prompt 

reporting of opacity deviations, 

7. Permit does not require ‘‘prompt’’

reporting, 

8. Permit fails to subject the facility to 

Maximum Achievable Control 

Technology (MACT), and 

9. Permit contains other Conditions 

(5.4, 6.1, 6.3 and 6.5) that warrant 

objection by the Administrator. 

On March 22, 2007, the Administrator 

issued an Order partially granting and 

partially denying the petition. The 

Order explains the reasons for partially 

granting the petition and directs DENR 

to revise and/or remove specific permit 

language and/or discussions in the 

Statement of Basis. The Order also 

directs DENR to provide additional 

information to support certain permit 

Conditions. Finally, the Order explains 

the reasons for denying the petitioners’

remaining claims. 

Dated: April 4, 2007. 

Kerrigan G. Clough, 

Deputy Regional Administrator, Region 8. 

[FR Doc. E7–7351 Filed 4–17–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OH–166–1; FRL–8301–6] 

Adequacy Status of the Youngstown, 

OH, Submitted 8-Hour Ozone 

Redesignation and Maintenance Plan 

for Transportation Conformity 

Purposes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of adequacy. 

SUMMARY: In this notice, EPA is 

notifying the public that we have found 

that the motor vehicle emissions 

budgets (MVEBs) for volatile organic 

compounds (VOC) and oxides of 

nitrogen (NOX) in the Youngstown, 

Ohio area (Columbiana, Mahoning, and 

Trumbull Counties) are adequate for use 

in transportation conformity 

determinations. Ohio submitted these 

budgets with an 8-hour ozone 

redesignation request and maintenance 

plan on December 4, 2006, and February 

20, 2007. As a result of our finding, 

Youngstown, Ohio must use the MVEBs 

from the submitted 8-hour ozone 

redesignation and maintenance plan for 

future conformity determinations. 

DATES: This finding is effective May 3, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Life Scientist, Criteria 

Pollutant Section (AR–18J), Air 

Programs Branch, Air and Radiation 

Division, United States Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–8777, 

Maietta.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean 

EPA. 

Background 

Today’s notice is simply an 

announcement of a finding that we have 

already made. On March 21, 2007, EPA 

Region 5 sent a letter to the Ohio 

Environmental Protection Agency 

stating that the 2009 and 2018 MVEBs 

for the Youngstown area, which were 

submitted with the 8-hour ozone 

redesignation request and maintenance 

plan, are adequate. Receipt of these 

MVEBs was announced on EPA’s 

conformity Web site, and no comments 

were submitted. The finding is available 

at EPA’s conformity Web site: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/adequacy.htm. 

The adequate 2009 and 2018 MVEBs, 

in tons per day (tpd), for VOC and NOX

for Youngstown are as follows: 

2005 MVEB 

(tpd) 

2018 MVEB 

(tpd) 

VOC .................. 19.58 10.36 

NOX .................. 33.71 13.29 

Transportation conformity is required 

by section 176(c) of the Clean Air Act. 

EPA’s conformity rule requires that 

transportation plans, programs, and 

projects conform to state air quality 

implementation plans and establishes 

the criteria and procedures for 

determining whether or not they do. 

Conformity to a State Implementation 

Plan (SIP) means that transportation 

activities will not produce new air 

quality violations, worsen existing 

violations, or delay timely attainment of 

the national ambient air quality 

standards. 

The criteria by which we determine 

whether a SIP’s motor vehicle emission 

budgets are adequate for conformity 

purposes are outlined in 40 CFR 

93.118(e)(4). We have described our 

process for determining the adequacy of 

submitted SIP budgets in our July 1, 

2004, preamble starting at 69 FR 40038, 

and we used the information in these 

resources while making our adequacy 

determination. Please note that an 

adequacy review is separate from EPA’s 

completeness review, and it also should 

not be used to prejudge EPA’s ultimate 

approval of the SIP. Even if we find a 

budget adequate, the SIP could later be 

disapproved. 

The finding and the response to 

comments are available at EPA’s 

conformity Web site: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/adequacy.htm. 

Authority: 42 U.S.C. 7401–7671q. 

Dated: April 5, 2007. 

Walter W. Kovalick, 

Acting Regional Administrator, Region 5. 

[FR Doc. E7–7367 Filed 4–17–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2007–0103; FRL–8124–4] 

Pyridate; Notice of Receipt of 

Requests to Voluntarily Cancel and to 

Terminate Uses of Certain Pesticide 

Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with section 

6(f)(1) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended, EPA is issuing a 

notice of receipt of a request by a 

registrant to voluntarily cancel its 

registrations for all products containing 

the pesticide pyridate. This notice 

announces receipt by EPA of a request 

from the registrant Syngenta Crop 

Protection, Inc., to cancel all remaining 

pyridate product registrations. The 

request would terminate the last 

pyridate products registered for use in 

the United States. The last remaining 

pyridate products registered under 

FIFRA Section 3 were cancelled in 2004 

for failure to pay the required annual 

maintenance fee (See Unit II for Federal 

Register cite), but there are several 

FIFRA 24(c) Special Local Needs 

registrations (for weed control on mint) 

that are still active. Syngenta Crop 

Protection, Inc., the registrant for all of 

the currently registered FIFRA 24(c) 

products, has requested cancellation of 

all of the remaining pyridate 24(c) 

products. EPA intends to grant this 

request at the close of the comment 

period for this announcement unless the 

Agency receives substantive comments 

within the comment period that would 

merit its further review of the request, 

or unless the registrant withdraws their 

request within this period. Upon 

acceptance of this request, any sale, 


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19492 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices 

distribution, or use of products listed in 

this notice will be permitted only if 

such sale, distribution, or use is 

consistent with the terms as described 

in the final order. 

DATES: Comments must be received on 

or before October 15, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2007–0103, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S-4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket telephone number is (703) 305- 

5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2007–

0103. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The Federal regulations.gov 

website is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the docket 

and made available on the Internet. If 

you submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD-ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S-4400, 

One Potomac Yard (South Bldg.), 2777 

S. Crystal Dr., Arlington, VA. The hours 

of operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket telephone number 

is (703) 305-5805. 

FOR FURTHER INFORMATION CONTACT: John 

W. Pates, Jr., Special Review and 

Reregistration Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460-0001; 

telephone number: 703-308-8195; fax 

number: 703-308-7070; e-mail address: 

pates.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, and 

agricultural advocates; the chemical 

industry; pesticide users; and members 

of the public interested in the sale, 

distribution, or use of pesticides. Since 

others also may be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background on the Receipt of 

Requests to Cancel Registrations to 

Delete Uses 

This notice announces receipt by EPA 

of a request from the registrant Syngenta 

Crop Protection, Inc., to cancel all 

remaining pyridate product 

registrations. Pyridate is a terrestrial 

herbicide classified as a pyrazole 

thiocarbonate chlorine. 

In a letter dated January 12, 2007, 

Syngenta Crop Protection, Inc. 

requested that EPA cancel all product 

registrations and terminate all uses of 


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Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices 19493 

the pesticide product registrations 

identified in this notice (Table 1). The 

request would terminate the last 

pyridate products registered for use in 

the United States. The last remaining 

pyridate products registered under 

FIFRA Section 3 were cancelled in 2004 

for failure to pay the required annual 

maintenance fee October 27, 2004, (69 

FR 62666) (FRL 7683-7), but there are 

several FIFRA 24(c) Special Local Needs 

registrations (for weed control on mint) 

that are still active. Syngenta Crop 

Protection, Inc. has now requested 

cancellation of all of the remaining 

pyridate 24(c) registrations. The 

registrant’s request will terminate the 

last pyridate products registered in the 

United States for these uses. 

III. What Action is the Agency Taking? 

This notice announces receipt by EPA 

of a request from a registrant to cancel 

all pyridate product registrations. The 

affected products and the registrant 

making the request are identified in 

Tables 1 and 2 of this unit. 

Under section 6(f)(1)(A) of FIFRA, 

registrants may request, at any time, that 

their pesticide registrations be canceled 

or amended to terminate one or more 

pesticide uses. Section 6(f)(1)(B) of 

FIFRA requires that before acting on a 

request for voluntary cancellation, EPA 

must provide a 30–day public comment 

period on the request for voluntary 

cancellation or use termination. In 

addition, section 6(f)(1)(C) of FIFRA 

requires that EPA provide a 180–day 

comment period on a request for 

voluntary cancellation or termination of 

any minor agricultural use before 

granting the request, unless: 

1. The registrants request a waiver of 

the comment period, or 

2. The Administrator determines that 

continued use of the pesticide would 

pose an unreasonable adverse effect on 

the environment. 

Because the pyridate registrant has 

not expressly waived the 180–day 

comment period, EPA will provide a 

180–day comment period on the 

proposed requests. 

Unless a request is withdrawn by the 

registrant within 180 days of 

publication of this notice, or if the 

Agency determines that there are 

substantive comments that warrant 

further review of this request, an order 

will be issued canceling the affected 

registrations. 

TABLE 1.—PYRIDATE PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration 

No. 

Product 

name Company 

CA010008 Tough 

5EC 

Syngenta 

Crop Protection, Inc. 

ID010006 Tough 

5EC 

Syngenta 

Crop Protection, Inc. 

IN010001 Tough 

5EC 

Syngenta 

Crop Protection, Inc. 

MT010003 Tough 

5EC 

Syngenta 

Crop Protection, Inc. 

ND000007 Tough 

5EC 

Syngenta 

Crop Protection, Inc. 

OR010005 Tough 

5EC 

Syngenta 

Crop Protection, Inc. 

WA010007 Tough 

5EC 

Syngenta 

Crop Protection, Inc. 

*WI010005 Tough 

5EC 

Syngenta 

Crop Protection, Inc. 

* Section 24c use in Wisconsin (WI010005) 

has expired and will not be reinstated. 

Table 2 of this unit includes the name 

and address of record for the registrant 

of the products listed in Table 1 of this 

unit. 

TABLE 2.—REGISTRANT REQUESTING

VOLUNTARY CANCELLATION

EPA Company 

No. 

Company name and address 

100 Syngenta Crop Protection, Inc. 

P.O. Box 18300 

Greensboro, NC 27419- 

8300 

IV. What is the Agency’s Authority for 

Taking this Action? 

Section 6(f)(1) of FIFRA provides that 

a registrant of a pesticide product may 

at any time request that any of its 

pesticide registrations be canceled or 

amended to terminate one or more uses. 

FIFRA further provides that, before 

acting on the request, EPA must publish 

a notice of receipt of any such request 

in the Federal Register. Thereafter, 

following the public comment period, 

the Administrator may approve such a 

request. 

V. Procedures for Withdrawal of 

Request and Considerations for 

Reregistration of Pyridate 

Registrants who choose to withdraw a 

request for cancellation must submit 

such withdrawal in writing to the 

person listed under FOR FURTHER

INFORMATION CONTACT, postmarked 

before October 15, 2007. This written 

withdrawal of the request for 

cancellation will apply only to the 

applicable FIFRA section 6(f)(1) request 

listed in this notice. If the products have 

been subject to a previous cancellation 

action, the effective date of cancellation 

and all other provisions of any earlier 

cancellation action are controlling. 

VI. Provisions for Disposition of 

Existing Stocks 

Existing stocks are those stocks of 

registered pesticide products which are 

currently in the United States and 

which were packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation action. 

If this request for voluntary cancellation 

is granted, the Agency intends to issue 

a cancellation order that will allow 

persons other than the registrant to 

continue to use the FIFRA 24(c) labels 

to apply existing stocks of the 

previously-cancelled parent Section 3 

product, Tough 5EC (EPA Reg. No. 100- 

880), to mint, provided such use is 

consistent with the 24(c) labels, until 

such existing stocks are exhausted. The 

registrant will not be permitted to sell 

or distribute the previously-cancelled 

parent Section 3 product, Tough 5EC 

(EPA Reg. No. 100-880), but existing 

stocks already in the hands of dealers or 

users may be distributed, sold or used 

legally until they are exhausted. If, as 

the Agency currently intends, the final 

cancellation order contains the existing 

stocks provision just described, the 

order will be sent only to the affected 

registrants of the cancelled products. If 

the Agency determines that the final 

cancellation order should contain 

existing stocks provisions different than 

the ones just described, the Agency will 

publish the cancellation order in the 

Federal Register. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: April 6, 2007. 

Debra Edwards, 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs. 

[FR Doc. E7–7258 Filed 4–17–07; 8:45 am] 

BILLING CODE 6560–507–S 


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